Bill H.266

HOUSE DOCKET, NO. 211 FILED ON: 1/13/2011

HOUSE . . . . . . . . . . . . . . . No. 266

By Mr. Straus of Mattapoisett, a petition (accompanied by bill, House, No. 266) of William M. Straus and others for legislation to require producer responsibility for collection, reuse and recycling of discarded electronic products. Environment, Natural Resources and Agriculture.

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act to require producer responsibility for collection, reuse and recycling of discarded electronic products.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. The General Laws are hereby amended by inserting after chapter 21N the following chapter:-

CHAPTER 21O.

RECYCLING OF DISCARDED ELECTRONIC PRODUCTS.

Section 1. As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:

“Collection”, the aggregation of covered electronic products from households, municipalities, the Commonwealth and any other political subdivision, and schools, including the accumulation of covered electronic products at handling facilities, transfer stations, and solid waste facilities, including all the activities up to the time the covered electronic products are collected by a processor.

“Collector”, a person, registered with the Department, accepting covered electronic products from households, municipalities, the Commonwealth and any other political subdivision, and schools.

“Collector reimbursement”, the minimum per pound rate, as established by the department, paid by a processor to a collector for all covered electronic products collected.

“Computer”, an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, including a laptop or a combined computer central processing unit and monitor; provided, however, that an automated typewriter or typesetter, a portable handheld calculator, a portable digital assistant, or other similar device shall not be considered a computer.

“Covered computer product” means a desktop or notebook computer, netbook, or computer monitor, marketed and intended for use by a person, but does not include a covered television device.

“Covered electronic product” means a covered computer product or a covered television product collected for reuse or recycling by collectors and processors eligible for collector reimbursement and processor reimbursement through the producer reimbursement system. “Covered electronic product,” “covered computer product”, or “covered television product” do not include any of the following:

(i) A covered electronic product that is a part of a motor vehicle or any component part of a motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle.

(ii) A covered electronic product that is functionally or physically a part of, or connected to, or integrated within equipment or a system designed and intended for use in an industrial, governmental, commercial, research and development, or medical setting, including but not limited to diagnostic, monitoring, control or medical products (as defined under the Federal Food, Drug, and Cosmetic Act), or equipment used for security, sensing, monitoring, anti-terrorism, emergency services purposes or equipment designed and intended primarily for use by professional users.

(iii) A covered electronic product that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, air purifier, or exercise equipment.

(iv) Telephones of any type, including mobile phones.

(v) A personal digital assistant (PDA).

(vi) Global positioning systems (GPS).

“Covered Television Product” means any electronic product that contains a tuner that locks on to a selected carrier frequency and is capable of receiving and displaying television or video programming via broadcast, cable, or satellite, including, without limitation, any direct view or projection television with a viewable screen of 9 inches or larger whose display technology is based on cathode ray tube (CRT), plasma, liquid crystal (LCD), digital light processing (DLP), liquid crystal on silicon (LCOS), silicon crystal reflective display (SXRD), light emitting diode (LED), or similar technology marketed and intended for use by a person primarily for personal purposes. The term does not include a covered computer product.

“Department”, the department of environmental protection.

“Desktop computer” means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, and storage functions for general purpose needs which are met through interaction with a number of software programs contained therein, which is not designed to exclusively perform a specific type of limited or specialized application. Human interface with a desktop computer is achieved through a standalone keyboard, stand-alone monitor or other display unit, and a stand-alone mouse or other pointing device, and is designed for a single user. A desktop computer has a main unit that is intended to be persistently located in a single location, often on a desk or on the floor.

“Market share”, a television producer’s national sales of televisions expressed as a percentage of the total of all television producers’ national sales based on the best available public data.

“Monitor”, a video display device without a tuner that can display pictures and sound and is used with a computer.

“Netbook” means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions for general purpose needs which are met through interaction with a number of software programs contained therein, which is not designed to exclusively perform a specific type of limited or specialized application. Human interface with a netbook is achieved through a keyboard, video display greater than 4" in size, and mouse or other pointing device, all of which are contained within the construction of the unit which comprises the netbook, and can be carried as one unit by an individual. Netbook can use external, internal, or batteries for a power source. Netbook does not include a portable handheld calculator, or a portable digital assistant or similar specialized device.

“Notebook computer” means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions for general purpose needs which are met through interaction with a number of software programs contained therein, which is not designed to exclusively perform a specific type of limited or specialized application. Human interface with a notebook computer is achieved through a keyboard, video display greater than 4" in size, and mouse or other pointing device, all of which are contained within the construction of the unit which comprises the notebook computer, and can be carried as one unit by an individual. Supplemental standalone interface devices typically can also be attached to the notebook computer. Notebook computers can use external, internal, or batteries for a power source. Notebook computer does not include a portable handheld calculator, or a portable digital assistant or similar specialized device. A notebook computer is sometimes referred to as a laptop computer.

“Orphan waste”, a covered computer product, the producer of which cannot be identified or is no longer in business and has no successor in interest.

“Person”, a natural person, corporation, association, partnership, government body or other legal entity.

“Printer” means desktop printers, multifunction printer copiers, and printer/fax combinations taken out of service from a person that are designed to reside on a work surface, and include various print technologies, including without limitation laser and LED (electrographic), ink jet, dot matrix, thermal, and digital sublimation, and "multi-function" or "all-in-one" devices that perform different tasks, including without limitation copying, scanning, faxing, and printing. Printers do not include floor-standing printers, printers with optional floor stand, point of sale (POS) receipt printers, household printers such as a calculator with printing capabilities or label makers, or non-stand-alone printers that are embedded into products that are not CEDs.

“Processor”, a person registered with the department to receive covered electronic products from collectors for the purpose of sorting, weighing and reusing or recycling or shipping offsite for reuse or recycling in accordance with minimum performance requirements established by the department.

“Processor reimbursement”, the minimum per pound rate, as established by the department, paid by a producer to a processor for the producer’s covered electronic products and the producer’s share of orphan waste, as determined by the department, shall include the collector reimbursement, and may be broken down into specific elements, including but not limited to, collection, sorting, or recycling, or type of product, as determined by the department. The processor reimbursement shall never be so low for it to be cost prohibitive for all registered processors to process covered electronic products.

“Producer”, any person who: (a) has a physical presence and legal assets in the United States of America and (1) manufactures or manufactured a covered electronic product under its own brand or label; (2) sells or sold under its own brand or label a covered electronic product produced by other suppliers; or (3) owns a brand that it licenses or licensed to another person for use on a covered electronic product; or (b) imports or imported a covered electronic product into the United States that was manufactured by a person without a presence in the United States of America; (c) sells at retail a covered electronic product acquired from an importer that is the manufacturer as described in subsection (b) and elects to register in lieu of the importer; or (d) assumes the responsibilities and obligations of a producer under this Act.

“Program year”, a full calendar year beginning on or after January 1, 2011.

“Recycling”, to recover materials or by-products which are: (a) reused; (b) used as an ingredient or a feedstock in an industrial or manufacturing process to make a marketable product; or (c) used in a particular function or application as an effective substitute for a commercial product or commodity; provided, however, that recycle shall not mean to recover energy from the combustion of a material.

"Retailer" includes, but is not limited to, a manufacturer of a covered electronic product who sells directly to a consumer through any means, including, but not limited to, transactions conducted through sales outlets, catalogs or the Internet, or any similar electronic means, but not including leasing, commercial financing or wholesale transactions with a distributor or other retailer.

“Return share”, a percentage of covered computer products collected through processors as calculated by the Department, either by dividing the total weight of covered computer products of that producer’s brands by the total weight of covered computer products for all producers’ non-orphaned brands or by using a statistically representative sample of processed covered computer products.

“Reuse”, any operation by which an electronic product or component of a covered electronic product changes ownership but retains its form and function and is used for the same purpose for which it was originally purchased.

“Sale” or “sell”, any transfer for valuable consideration of title including, but not limited to, transactions conducted through sales outlets, through the Internet or any similar electronic means, or catalogs, and excluding commercial financing or leasing.

“Television”, any telecommunication system device that can broadcast or receive moving pictures and sound over a distance and includes a television tuner or a display device peripheral to a computer that contains a television tuner.

"Video display" means an output surface having a viewable area greater than four inches when measured diagonally that displays moving graphical images or a visual representation of image sequences or pictures, showing a number of quickly changing images on a screen in fast succession to create the illusion of motion, including, but not limited to, a device that is an integral part of the display that cannot be easily removed from the display by the consumer and that produces the moving image on the screen and includes technology using a cathode ray tube, liquid crystal display, gas plasma, digital light processing or other image projection technology.

Section 2. (a) No person shall engage in business as a producer unless he is registered with the department pursuant to this section.

(b) Every producer seeking to engage in business in the commonwealth shall file an application, accompanied by a producer registration fee, with the department requesting registration as a producer. Said application shall be made on a form to be furnished by the department, and shall include, without limitation, the following information: (1) the name and contact information of the applicant; (2) the applicant's brand names of covered electronic products, including all brand names sold in the commonwealth in the past, all brand names currently being sold in the commonwealth, and all brand names for which the applicant is legally responsible; (3) the method or methods of sale used in the commonwealth; (4) a baseline or a set of baselines that describe any efforts to design covered electronic products for reuse or recycling and goals and plans for further increasing design for reuse and recycling; and (5) a description of any independent collection, consolidation or processing services utilized to recover, reuse, or recycle the producer's products. The department shall, within sixty days, review the application for registration. If said application satisfies the requirements of this section, the department shall register said applicant as a producer and shall forthwith mail to him a certificate to that effect. If said application fails to satisfy the requirements of this section the producer shall, within thirty days, file with the department a revised application addressing the requirements noted by the department.

(c) The department may keep information submitted pursuant to this section confidential as provided by section 10 of chapter 66 of the General Laws. The department will publish on its website the following information: (1) the name and contact information of the producer submitting the application and (2) the producer's brand names of covered electronic products.

(d) Producers shall register with the department for a specified registration period. Such applications shall be submitted to the department by the date specified by the department together with a renewal fee as shall be established by the department. After verification of the facts stated on the application, the department shall issue a registration. Any holder of a registration who fails to file a renewal application within sixty days after his registration has expired shall, prior to engaging in business as a producer within the commonwealth, be required to register anew and pay a late fee in addition to said renewal fee.

(e) The department shall use not more than twelve months as the specified registration period.

(f) Producers of covered electronic products shall provide processor reimbursements for their share of covered electronic product received and processed at a processor.

(g) A producer who has sold or who sells covered electronic products other than covered television products in the commonwealth shall bear the financial responsibility for the collection, transportation, and recycling of said covered electronic products received by processors, including their return share of orphan waste as determined by the department.

(h) A producer of televisions shall have the financial responsibility for the collection, transportation and recycling of covered television products received by processors in the commonwealth, based on the television manufacturer’s market share as determined by the department.

(i) A producer may also collect its covered electronic products for reuse or recycling by establishing a collection program, either individually or in cooperation with other producers, to collect these discarded products as established in this chapter. A producer establishing an independent collection program for reuse or recycling either individually or in cooperation with other producers shall recover 1 or more covered electronic products. A producer establishing an independent collection program for reuse or recycling either individually or in cooperation with other products shall at a minimum establish a physical presence in every municipality with a population of 40,000 people or higher which does not have a collection location under this chapter.

(j) A producer establishing an independent recycling program either individually or in cooperation with other producers must register and comply as a collector or as a processor pursuant to this chapter; however, an additional registration fee will not be required.

(k) A producer establishing an independent recycling program either individually or in cooperation with other producers shall provide information specified by the department describing the locations for the collection or return of the producer’s product, including information on opportunities and locations for donation of the product for reuse via, without limitation: (1) a toll-free telephone number; (2) a website; (3) information included in or on the packaging; or (4) written information provided at the point of sale.

(l) A producer establishing an independent collection program shall submit an annual report to the department that includes at a minimum the following information for the previous program year as well as any additional information required by the department: (1) distinguishing the total weight of each type of covered electronic product collected for recycling; (2) detailing the total number of items by each type of covered electronic product collected for reuse or refurbishment; (3) a description of the plan’s education, outreach, or other marketing efforts to promote collection of covered electronic products; (4) a description of management practices to transport and recycle discarded covered electronic products; and (5) any additional information deemed necessary by the department.

Section 3. (a) No person shall be eligible for collector reimbursement unless he is registered with the department pursuant to this section.

(b) Every collector seeking to be eligible for collector reimbursement shall file an application, accompanied by the collector registration fee, with the department requesting registration as a collector. Said application shall be made on a form to be furnished by the department, and shall include, without limitation, the following information: (1) the name; (2) the address; (3) the telephone number; and (4) the location of the business. The department shall, within sixty days, review the application for registration. If said application satisfies the requirements of this section, the department shall register said applicant as a collector and shall forthwith provide him a certificate to that effect. If said application fails to satisfy the requirements of this section the collector shall, within thirty days, file with the department a revised application addressing the requirements noted by the department.

(c) If a municipality applies to be a collector under this statute, the statute will apply to them except no registration or renewal fee will be required.

(d) A collector shall: (1) contract with a registered processor(s)to receive the covered electronic products collected by the collector; (2) make information available to the public that describes where and how to return and recycle covered electronic products; (3) accept all covered electronic products and ensure that said products are transported by or delivered to a registered processor; and (4) demonstrate compliance with the department rules and regulations and the United States Environmental Protection Agency’s Responsible Recycling Guidelines for Materials Management as issued and available on the United States Environmental Protection Agency’s Internet website in addition to any other requirements mandated by federal or state law. A collector may limit the number of covered electronic products delivered at a given time by any customer to no more than 5.

(e) A collector shall not: (1) charge a fee to persons for the collection or recycling of covered electronic products; or (2) knowingly accept covered electronic products imported into the commonwealth for the purpose of recycling or discard.

(f) Only a person registered as a collector with the department may receive collector reimbursements. Fully functioning covered electronic products that are received by a registered collector in working order may be sold or donated as whole products by the collector for reuse. Covered electronic products that require repair to make them a fully functioning unit may only be repaired on-site at the collector’s place of business by the registered collector for reuse according to its original purpose.

(g) Registered collectors may use whole parts amassed from collected covered electronic products or new parts for making repairs as long as there is a part-for-part exchange with nonfunctioning covered electronic products.

(h) Registered collectors may not include covered electronic products that are dispersed for reuse in the weight totals for collector reimbursements.

(i) Registered collectors must report annually to the department, on a form provided by the department, and maintain a record of all covered electronic products collected, covered electronic products sold through reuse or resale, covered electronic products delivered to processors, and any other information the Department determines necessary a period not less than three years.

(j) Registered collectors must display a notice at the point of collection that computers received by the collector may be repaired and sold or donated as a fully functioning computer rather than submitted to a processor for recycling.

(k) The department may conduct site visits of all registered collectors. The department may, for cause, review records and conduct investigations regarding a violation of this chapter.

(l) Collectors shall register with the department at least every thirty-six months. Such applications shall be submitted to the department by the date specified by the department together with a renewal fee as shall be established by the department. After verification of the facts stated on the application, the department shall issue a registration. Any holder of a registration who fails to file a renewal application within sixty days after his registration has expired shall, prior to engaging in business as a collector within the commonwealth, be required to register anew and pay a late fee in addition to said renewal fee.

Section 4. (a) No person shall be eligible for processor reimbursement unless he is registered with the department pursuant to this section.

(b) Every processor seeking to be eligible for processor reimbursement in the commonwealth shall file an application, accompanied by appropriate processor registration fee, with the department requesting registration as a processor. Said application shall be made on a form to be furnished by the department, and shall include, without limitation, the following information: (1) the name; (2) the address; (3) the telephone number; and (4) the location of the business of the processor’s business. The department shall, within sixty days, review the application for registration. If said application satisfies the requirements of this section, the department shall register said applicant as a processor and shall forthwith provide him a certificate to that effect. If said application fails to satisfy the requirements of this section the processor shall, within thirty days, file with the department a revised application addressing the requirements noted by the department.

(c) A processor shall: (1) be responsible for sorting all covered electronic products received from a participating collector with whom the processor has a contract; (2) weigh the total amount of covered electronic products received from a participating collector and reimburse said collector; provided, however, that said collector reimbursement shall be due within thirty days of pick-up or receipt; (3) sort, by producer type of covered electronic product, and weigh all covered electronic products other than televisions received from collectors; (4) weigh all televisions received from collectors; (5) either repair, refurbish, remanufacture, or recycle on-site or ship covered electronic products offsite for reuse or recycling in accordance with the minimum performance requirements established by the department; (6) demonstrate compliance with the department rules and regulations in addition to any other requirements mandated by federal or state law; (7) submit an invoice for processor reimbursement to each producer whose covered electronic products, or share thereof, the processor has handled; and (8) annually submit a report to the department which shall include without limitation: (i) the total aggregate weight of covered electronic products processed pursuant to this chapter in the previous program year; (ii) the weight, differentiated by producer, of covered electronic products processed pursuant to this chapter in the previous program year; (iii) the total amount of orphan waste processed pursuant to this chapter in the previous program year; and (iv) any other information to help track, monitor and evaluate the management of covered electronic products, as determined by the department.

(d) A processor shall not charge a fee for accepting, sorting, weighing, processing for reuse or recycling a covered electronic product for which the processor receives compensation under the provisions of this section.

(e) Processors shall register with the department at least every thirty-six months. Such application shall be submitted to the department by the date specified by the department together with a renewal fee as shall be established by the department. After verification of the facts stated on the application, the department shall issue a registration. Any holder of a registration who fails to file a renewal application within sixty days after his registration has expired shall, prior to engaging in business as a processor within the commonwealth, be required to register anew and pay a late fee in addition to said renewal fee.

Section 5. The fee for a collector registration, a processor registration and a producer registration, or for any annual renewal thereof, shall be determined every three years by the department, but in no case shall any registration or renewal fee exceed $5000.

Section 6. (a) The department shall annually: (1) determine the return share for each program year for each producer of covered electronic products other than covered television products by dividing the weight of those covered electronic products identified for each producer by the total weight of those covered electronic products identified for all producers; provided further, that said calculation shall be based on the reports generated by processors of those covered electronic products; provided further, that for the first program year, the return share of those covered electronic products identified for each producer shall be based on the best available public return share data from the United States, including data from other states, for those covered electronic products from persons; provided further, that for the second and subsequent program years, the return share of those covered electronic products identified for each producer shall be based on the previous year’s reported data as described herein; and provided further, that the department shall use the return share for each producer to allocate financial responsibility for orphan waste; (2) determine, based on each producer’s return share, each producer’s share of responsibility for the orphan waste collected in the commonwealth; provided, however, that each producer’s return share of orphan waste shall be equivalent to its percentage of return share for non-orphan covered electronic products, multiplied by the total amount of orphan waste collected in the program year; and provided further, that the department, in determining the producer’s orphan waste share, may take into account covered electronic products, including orphan waste, voluntarily collected by the producer; (3) determine the market share allocation for each television producer by determining the total weight of televisions recycled in the previous year, multiplied by the market share for that producer; provided, however, that in the first program year, the market share identified for each television producer shall be based on the best available data regarding the total number of televisions sold in the commonwealth for the previous calendar year; (4) maintain a list of producers registered pursuant to this chapter; and (5) conduct periodic audits of processors and collectors at a frequency determined by the department, to assure accuracy of reporting and billing.

(b) The department shall adopt and may from time to time amend rules and regulations to carry out the provisions this chapter. Such regulations shall include, but not be limited to, provisions that establish (1) a process for registering covered electronic product collectors, processors and producers, (2) a list of collector and processor reimbursement rates and establishment of not less than monthly payment terms, (3) standards for operation, reporting and auditing of producers, collectors and processors, (4) a list of covered and exempted electronic products, (5) collection program standards to ensure adequate access to recycling of covered electronic products, (6) procedures for the review of applications and for provision of adjudicatory hearings pursuant to the provisions of chapter thirty A for any person aggrieved by a determination by the department with respect to such applications, and (7) any other requirements necessary to carry out the provisions of this chapter.

(c) Beginning one year after this act takes effect and annually thereafter, the department shall submit a report to the House Committee on Ways and Means, the Senate Committee on Ways and Means, and the Joint Committee on Environment, Natural Resources and Agriculture that includes information regarding the previous program year. The information shall include, but is not limited to, (1) the total administrative cost to the state government, (2) the total administrative cost to local governments, (3) a description of the incentive for manufacturer collection, (4) a description of the education, outreach, or other marketing efforts conducted by the state or local governments to promote collection of covered electronic products, and (5) the effectiveness of the independent collection program requirements, independent collection program compliance, and collection rates of independent programs.

Section 7. (a) No person shall sell covered electronic products from producers not registered pursuant to this chapter. A retailer shall not be in violation of this subsection if, at time of purchase from producer, the producer was not in violation of this Chapter. This subsection shall not apply to used electronic products that are reused.

(b) No person shall offer for sale a covered electronic product unless a visible, permanent label clearly identifying the producer of that product is affixed to said covered electronic product.

(c) All retailers shall provide information describing where and how to recycle a covered electronic product provided by the producer and offered for sale by the retailer pursuant to this act.

(d) No person shall knowingly dispose of any covered electronic product except as provided in this chapter.

(e) No person shall import a covered electronic product into the commonwealth with the intent of recycling or discarding said product; provided further, that any covered electronic product so imported shall not be eligible for reimbursement under the provisions of this chapter.

Section 8. (a)The department shall be charged with the enforcement of this chapter. Whenever it appears that there is a violation of any provision of this chapter, or of any approval or regulation issued or adopted hereunder, the department may issue an order requiring the production of records or information, or imposing such restraints on or requiring such actions, as it deems necessary to abate or prevent such violation. The department also may issue such orders and assess such penalties as it deems necessary to secure compliance with any approval or regulation issued under this chapter. Issuance of an order or penalties under this section shall not preclude, and shall not be deemed an election to forego, any action to recover damages, or, to seek civil penalties, criminal fines and penalties, or injunctive relief.

(b)Any person who violates any provision of this chapter, or any regulation, order or approval issued or adopted hereunder: (a) shall be punished by a fine of not more than twenty-five thousand dollars, or by imprisonment for not more than two years in a house of correction, or both, for each such violation; or (b) shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each such violation. Each day each such violation occurs or continues shall be a separate offense. The superior court shall have jurisdiction to enjoin violations of, or grant such additional relief as it deems necessary or appropriate to secure compliance with, the provisions of this chapter, or any order, approval or regulation issued or adopted hereunder upon the petition of the attorney general or the commissioner.

(c) Any person aggrieved by a determination by the department to issue, deny, modify, revoke or suspend any approval, or to issue an order or penalty assessment, under the provisions of this chapter, may request an adjudicatory hearing before the department under the provisions of chapter thirty A. Any such determination shall contain a notice of this right to request a hearing and may specify a time limit, not to exceed twenty-one days, within which said person shall request said hearing. If no such request is timely made, the determination shall be deemed assented to. If a timely request is received, the department shall within a reasonable time act upon a request in accordance with the provisions of said chapter thirty A. A person aggrieved by a final decision in an adjudicatory hearing held under the provisions of this section may obtain judicial review thereof pursuant to the provisions of chapter thirty A.

Section 9. The department may participate in the establishment of a regional multistate organization or compact to assist in carrying out the requirements of this chapter.

Section 10. (a) There shall be in the Department an advisory commission for electronic waste. The commission shall consist of one individual representing covered television product manufacturers, one individual representing processors of covered electronic products, one individual representing a trade association of covered computer product manufacturers or covered television product manufacturers, the Senate chair of the Joint Committee on Environment, Natural Resources, and Agriculture or his designee, the House chair of the Joint Committee on Environment, Natural Resources, and Agriculture or his designee, one individual representing covered computer manufacturers, one individual representing retailers of covered electronic products, one individual representing a statewide conservation organization, one individual representing a municipality or municipal organization, and the Commissioner of the Department or his designee.

(b) Appointments to the advisory commission shall be made not later than thirty days after the effective date of this statute. If a vacancy occurs on the commission, the vacancy shall be filled within thirty days.

(c) Said advisory commission shall have the following duties: (1) It shall advise the Department on policy and program development under this section, specifically regarding performance standards; (2) It shall review the registration and renewal fees for producers, collectors and processors, and shall make recommendations to the commissioner relative thereto; and (3) It shall make recommendations to the Joint Committee on Environment, Natural Resources, and Agriculture on recommendations of amending the definition of covered electronic product under this statute to cover other electronic products.

(d) The advisory commission shall meet at least biannually and shall convene special meetings at the call of the Commissioner. These meetings are not subject to Chapter 39 of the General Laws; however, a written record of all meetings of the committee shall be maintained by the Department. Meetings may be held in person, by telephone conference, by video conference, or by web conference. Members of the commission shall serve without compensation. The members of the commission representing the Department or the General Court shall serve without additional compensation.

SECTION 2. The General Laws are hereby amended by striking chapter 21O and replacing with the following:

CHAPTER 21O.

RECYCLING OF DISCARDED ELECTRONIC PRODUCTS.

Section 1. As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:

"Additionally covered electronic product" means any of the following electronic products taken out of service from a person in the commonwealth regardless of purchase location: printers, stand-alone facsimile machine, scanner, or a machine functioning as two or more of these products; video game console; or video cassette recorder/player, digital video disk player, or similar video device. To the extent allowed under federal and state laws and regulations, an additionally covered eligible electronic product that is being collected, recycled, or processed for reuse is not considered to be hazardous waste, household waste, solid waste, or special waste. The term does not include a covered television product or a covered computer product.

“Collector”, a person accepting covered electronic products from households, municipalities, the Commonwealth and any other political subdivision, and schools.

“Collector reimbursement”, the minimum per pound rate, as established by the department, paid by a processor to a collector for all covered electronic products collected.

“Covered computer product” means a desktop or notebook computer, netbook, or computer monitor, marketed and intended for use by a person, but does not include a covered television device or additionally covered electronic product.

“Covered electronic product” means a covered computer product, a covered television product, or additionally covered electronic product collected for reuse or recycling by collectors and processors eligible for collector reimbursement and processor reimbursement through the producer reimbursement system. “Covered electronic product,” “covered computer product”, “covered television product,” or “additionally covered electronic product” do not include any of the following:

(iv) Telephones of any type, including mobile phones.

(v) Personal digital assistants (PDA).

(vi) Global positioning systems (GPS).

“Department”, the department of environmental protection.

“Market share”, a producer’s national sales of covered electronic products that are not covered computer products expressed as a percentage of the total of all producers’ national sales based on the best available public data.

“Monitor”, a video display device without a tuner that can display pictures and sound and is used with a computer.

“Orphan waste”, a covered computer product, the producer of which cannot be identified or is no longer in business and has no successor in interest.

“Person”, a natural person, corporation, association, partnership, government body or other legal entity.

“Processor reimbursement”, the minimum per pound rate, as established by the department, paid by a producer to a processor for the producer’s covered electronic products and the producer’s share of orphan waste, as determined by the department. Said minimum reimbursement shall include the collector reimbursement and may be broken down into specific elements, including but not limited to, collection, sorting, or recycling, or type of product, as determined by the department. The processor reimbursement shall never be so low for it to be cost prohibitive for all registered processors to process covered electronic products.

“Program year”, a full calendar year beginning on or after January 1, 2011.

Section 2. (a) No person shall engage in business as a producer unless he is registered with the department pursuant to this section.

(d) Registered producers shall register with the department for a specified registration period. Such applications shall be submitted to the department by the date specified by the department together with a renewal fee as shall be established by the department. After verification of the facts stated on the application, the department shall issue a registration. Any holder of a registration who fails to file a renewal application within sixty days after his registration has expired shall, prior to engaging in business as a producer within the commonwealth, be required to register anew and pay a late fee in addition to said renewal fee.

(e) The department shall use not more than thirty-six months as a specified registration period.

(f) Producers of covered electronic products shall reimburse processors for their share of covered electronic product received and processed at the processor.

(g) A producer who has sold or who sells covered electronic products other than covered television products in the commonwealth shall bear the financial responsibility for the collection, transportation, and reuse or recycling of said covered electronic products received by processors, including their return share of orphan waste as determined by the department.

(h) A producer of televisions shall have the financial responsibility for the collection, transportation and reuse or recycling of televisions discarded in the commonwealth, based on the television manufacturer’s market share as determined by the department.

(m) A producer establishing an independent collection program for reuse or recycling either individually or in cooperation with other producers shall weigh the covered electronic products collected and shall annually submit a statement certifying to the department the total weight of covered electronic products received and the weight of orphan waste received in the preceding program year.

Section 3. (a) No person shall be eligible for collector reimbursement unless he is registered with the department pursuant to this section.

(c) If a municipality applies to be a collector under this statute, the statute will apply to them except no registration or renewal fee will be required.

(f) Only a person registered as a collector with the department may receive collector reimbursements. Fully functioning CEPs that are received by a registered collector in working order may be sold or donated as whole products by the collector for reuse. CEPs that require repair to make them a fully functioning unit may only be repaired on-site at the collector’s place of business by the registered collector for reuse according to its original purpose.

(g) Registered collectors may use whole parts amassed from collected CEPs or new parts for making repairs as long as there is a part-for-part exchange with nonfunctioning CEPs.

(h) Registered collectors may not include CEPs that are dispersed for reuse in the weight totals for collector reimbursements.

(j) Registered collectors, if applicable, must display a notice at the point of collection that computers received by the collector may be repaired and sold or donated as a fully functioning computer rather than submitted to a processor for recycling.

(k) The department may conduct site visits of all registered collectors. The department may, for cause, review records and conduct investigations regarding a violation of this chapter.

Section 4. (a) No person shall be eligible for processor reimbursement unless he is registered with the department pursuant to this section.

Section 6. (a) The department shall annually: (1) determine the return share for each program year for each producer of covered electronic products other than covered television products by dividing the weight of those covered electronic products identified for each producer by the total weight of those covered electronic products identified for all producers; provided further, that said calculation shall be based on the reports generated by processors of those covered electronic products; provided further, that for the first program year, the return share of those covered electronic products identified for each producer shall be based on the best available public return share data from the United States, including data from other states, for those covered electronic products from persons; provided further, that for the second and subsequent program years, the return share of those covered electronic products identified for each producer shall be based on the previous year’s reported data as described herein; and provided further, that the department shall use the return share for each producer to allocate financial responsibility for orphan waste; (2) determine, based on each producer’s return share, each producer’s share of responsibility for the orphan waste collected in the commonwealth; provided, however, that each producer’s return share of orphan waste shall be equivalent to its percentage of return share for non-orphan covered electronic products, multiplied by the total amount of orphan waste collected in the program year; and provided further, that the department, in determining the producer’s orphan waste share, may take into account electronic products, including orphan waste, voluntarily collected by the producer; (3) determine the market share allocation for each television producer by determining the total weight of televisions recycled in the previous year, multiplied by the market share for that producer; provided, however, that in the first program year, the market share identified for each television producer shall be based on the best available data regarding the total number of televisions sold in the commonwealth for the previous calendar year; (4) maintain a list of producers registered pursuant to this chapter; and (5) conduct periodic audits of processors and collectors at a frequency determined by the department, to assure accuracy of reporting and billing.

(c) Biennially, the department shall submit a report to the House Committee on Ways and Means, the Senate Committee on Ways and Means, and the Joint Committee on Environment, Natural Resources and Agriculture that includes information regarding the previous two program years. The information shall include, but is not limited to, (1) the total administrative cost to the state government, (2) the total administrative cost to local governments, (3) a description of the incentive for manufacturer collection, (4) a description of the education, outreach, or other marketing efforts conducted by the state or local governments to promote collection of covered electronic products, and (5) the effectiveness of the independent collection program requirements, independent collection program compliance, and collection rates of independent programs.

(d) The department may, through regulation, amend the definitions of “covered electronic products”, “covered computer products”, “covered television products”, and “additionally covered electronic products” only to include additional products.

(b) No person shall offer for sale a covered electronic product unless a visible, permanent label clearly identifying the producer of that product is affixed to said covered electronic product.

(c) All retailers shall provide information describing where and how to recycle a covered electronic product provided by the producer and offered for sale by the retailer pursuant to this act.

(d) No person shall knowingly dispose of any covered electronic product except as provided in this chapter.

Section 9. The department may participate in the establishment of a regional multistate organization or compact to assist in carrying out the requirements of this chapter.

Section 10. (a) There shall be in the Department an advisory commission for electronic waste. The commission shall consist of one individual representing covered television product manufacturers, one individual representing processors of covered electronic products, one individual representing a trade association of covered computer product manufacturers or covered television product manufacturers, the Senate chair of the Joint Committee on Environment, Natural Resources, and Agriculture or his designee, the House chair of the Joint Committee on Environment, Natural Resources, and Agriculture or his designee, one individual representing covered computer manufacturers, one individual representing retailers of covered electronic products, one individual representing a statewide conservation organization, and the Commissioner of the Department or his designee.

(d) The advisory commission shall meet at least annually and shall convene special meetings at the call of the Commissioner. These meetings are not subject to Chapter 39 of the General Laws; however, a written record of all meetings of the committee shall be maintained by the Department. Meetings may be held in person, by telephone conference, by video conference, or by web conference. Members of the commission shall serve without compensation. The members of the commission representing the Department or the General Court shall serve without additional compensation.

SECTION 3. Notwithstanding any general or special law to the contrary and unless otherwise specified herein, Section 1 of this act shall take effect July 1, 2012.

SECTION 4. Notwithstanding any general or special law to the contrary and unless otherwise specified herein, Section 2 of this act shall take effect July 1, 2014.

Name:	District/Address:	Date Added:
William M. Straus	10th Bristol	1/13/2011
Denise Provost	27th Middlesex	2/4/2011
David Paul Linsky	5th Middlesex	2/3/2011
John W. Scibak	2nd Hampshire	2/3/2011
Thomas M. Stanley	9th Middlesex	2/3/2011
Jason M. Lewis	31st Middlesex	2/3/2011
Cory Atkins	14th Middlesex	2/3/2011
Carolyn C. Dykema	8th Middlesex	2/4/2011
Antonio F. D. Cabral	13th Bristol	2/4/2011
William N. Brownsberger		2/1/2011
Anne M. Gobi	5th Worcester	2/1/2011
John J. Mahoney	13th Worcester	2/4/2011